Hutto v. Thornton
Mississippi Supreme Court
Error to the circuit court of Leake county. Henry, J. The plaintiff in error assigned the folloiving errors : 1st. The court erred in refusing to give the 1st and 2d instructions asked for plaintiff. 2d. The court erred in giving, severally, the 1st, 2d, 3d, 4th, 5th, 6th, and 7th instructions asked for defendant. 3d. The court erred in admitting in evidence the assignment of receiver’s certificate, purporting to be made by W. G. and S. V. Malone. • 4th.
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Error to the circuit court of Leake county. Henry, J. The plaintiff in error assigned the folloiving errors : 1st. The court erred in refusing to give the 1st and 2d instructions asked for plaintiff. 2d. The court erred in giving, severally, the 1st, 2d, 3d, 4th, 5th, 6th, and 7th instructions asked for defendant. 3d. The court erred in admitting in evidence the assignment of receiver’s certificate, purporting to be made by W. G. and S. V. Malone. • 4th. It was error not to enter judgment for plaintiff for the lands as to which defendants disclaimed. 5th. It was error to try the cause ás on…
1Opinion of the Court
Taebell, J.:
This is an action of ejectment instituted in 1858. The defendants disclaimed as to a portion of the lands, and, as to the balance, pleaded the general issue, and three special pleas to which there was no replication.
Those pleas are as follows :
1. That the right of action accrued more than ten years before suit.
2. That the right of action did not accrue within ten years.
3. Peaceable adverse possession fo-r more than ten years.
The cause was tried at the Leake county circuit court, August term, 1860, and resulted in a verdict for defendants, whereupon the plaintiff in the action…
2Cases cited2 opinions
- Alexander v. PolkMississippi Supreme Court · 1861
- Dilworth v. MayfieldMississippi Supreme Court · 1858
3Cited by3 opinions
- Wilson v. Williams' HeirsMississippi Supreme Court · 1876
- Anderson v. Anderson-Tully Co.Court of Appeals for the Fifth Circuit · 1952
- Bell v. CoatsMississippi Supreme Court · 1879